Family and Medical Leave - NC



Family and Medical Leave

|Purpose |The Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the |

| |needs of families, to promote the stability and economic security of families, and to promote national interests |

| |in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by |

| |ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) |

| |and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men. |

|Definitions |Following are the definitions of terms used in this policy: |

|Term |Definition |

|Parent |a biological or adoptive parent or an individual who stood in loco parentis (a |

| |person who is in the position or place of a parent) to an employee when the |

| |employee was a child. |

|Child |a son or daughter who is: |

| |under 18 years of age, or |

| |is 18 years of age or older and incapable of self-care because of a mental or |

| |physical disability |

| | |

| |and who is: |

| |a biological child, |

| |an adopted child, |

| |a foster child (a child for whom the employee performs the duties of a parent as|

| |if it were the employee’s child), |

| |a step-child (a child of the employee’s spouse from a former marriage), |

| |a legal ward (a minor child placed by the court under the care of a guardian), |

| |or |

| |a child of an employee standing in loco parentis. |

|Spouse |A husband or wife recognized by the State of North Carolina |

|Next of Kin |The nearest blood relative of the employee. |

| |(To be defined further when finalized by the Department of Labor.) |

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|Definitions (continued) |

|Covered Service Member |A member of the Uniformed Services who is undergoing medical treatment, |

| |recuperation, or therapy, is otherwise in outpatient status, or is otherwise on |

| |the temporary disability retired list, for a serious injury or illness. |

|Serious Health Condition |an illness, injury, impairment, or physical or mental condition that involves: |

| |1. inpatient care (i.e., an overnight stay) in a hospital, hospice or |

| |residential medical facility, including any period of incapacity (defined to |

| |mean inability to work, attend school or perform other regular daily activities |

| |due to the serious health condition, treatment for or recovery from), or any |

| |subsequent treatment in connection with such impairment; or |

| |2. continuing treatment by a health care provider involving one or more of the |

| |following: |

| |a. a period of incapacity as defined above of more than three consecutive days, |

| |and any subsequent treatment or period of incapacity relating to the same |

| |condition that also involves: |

| |treatment two or more times by a health care provider, by a nurse or physician’s|

| |assistant under the direct supervision of a health care provider, or a provider |

| |of health care services (e.g., physical therapist) under orders of, or on |

| |referral by a health care provider, or |

| |treatment on a least one occasion resulting in a regime of continuing treatment |

| |under the supervision of the health care provider (course of prescription |

| |medication, i.e., antibiotic, or therapy requiring special equipment to |

| |alleviate the health condition, i.e., oxygen) |

| |b. any period of incapacity due to pregnancy or for prenatal care, even when the|

| |employee or family member does not receive treatment from a health care provider|

| |during the absence and even if the absence does not last more than three days |

| |(prenatal examinations, severe morning sickness) |

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Family and Medical Leave, Continued

|Definitions (continued) |

|Serious Health Condition |c. any period of incapacity or treatment due to a “chronic serious health |

|(continued) |condition,” even when the employee or family member does not receive treatment |

| |from a health care provider during the absence and even if the absence does not |

| |last more than three days, which is defined as one: |

| |requiring periodic visits or treatment by a health care provider, or by a nurse |

| |or physician’s assistant under the direct supervision of a health care provider,|

| |continuing over an extended period of time (including recurring episodes of a |

| |single underlying condition), and |

| |which may cause episodic rather than continuing period(s) of incapacity (e.g., |

| |asthma, diabetes, epilepsy, etc.) |

| |d. incapacity for a permanent or long-term condition for which treatment may not|

| |be effective (Alzheimer’s, a severe stroke or terminal stages of a disease) |

| |e. multiple treatments for restorative surgery or incapacity for serious |

| |conditions that would likely result in a period of incapacity of more than three|

| |consecutive calendar days in the absence of medical intervention or treatment |

| |(chemotherapy, radiation, dialysis, etc.) |

| |f. in case of a member of the Uniformed Services, “serious injury or illness” |

| |means an injury or illness incurred by the member in line of duty on active duty|

| |in the Uniformed Services that may render the member medically unfit to perform |

| |the duties of the member’s office, grade, rank or rating. |

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Family and Medical Leave, Continued

|Definitions (continued) |

| |Advisory Note: Treatment includes, but is not limited to, examinations to determine if a serious health condition |

| |exists and evaluations of the condition. Treatment does not include routine physical examinations, eye |

| |examinations, or dental examinations. Ordinarily, unless complications arise, the following are examples of |

| |conditions that do not meet the definition: common cold, flu, ear aches, upset stomach, minor ulcers, headaches |

| |other than migraine, routine dental or orthodontia problems, periodontal disease, cosmetic treatments, etc. The |

| |following may meet the definition if all other conditions of this section are met: restorative dental or plastic |

| |surgery after an injury or removal of cancerous growths, mental illness resulting from stress or allergies, |

| |treatment from substance abuse. |

|Outpatient Status of Covered |“Outpatient status,” with respect to a covered service member, means the status |

|Service Member |of a member of the Uniformed Services assigned to a military medical treatment |

| |facility as an outpatient or a unit established for the purpose of providing |

| |command and control of the Uniformed Services receiving medical care as |

| |outpatients. |

|Qualifying Exigency |(To be defined by the Secretary of Labor by regulation.) |

|Contingency Operation |A call or order to, or retention on, active duty of members of the Uniformed |

| |Services during a war or during a national emergency declared by the President |

| |or Congress. |

|Health Care Provider |a Doctor of medicine or osteopathy who is authorized to practice medicine or |

| |surgery in the State of North Carolina, or any other person determined by |

| |statute, credential or licensure to be capable of providing health care services|

| |which include: |

| | Podiatrists | Optometrists |

| |Dentists |Nurse practitioners |

| |Clinical psychologists |Nurse midwives |

| |Clinical social workers |Chiropractors |

| | Health care providers from whom state approved group and HMO health plans will |

| |accept certification of a serious health condition to substantiate a claim for |

| |benefits |

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Family and Medical Leave, Continued

|Health Care Provider | Foreign health care providers in above stated areas who are authorized to |

|(continued) |practice in that country and who are performing within the scope of the laws |

| |Christian Science practitioners listed with First Church of Christian Scientists|

| |in Boston, MA. |

| |(Note: In this situation, the employee cannot object to an agency requirement to|

| |obtain a second or third certification other than a Christian Science |

| |practitioner.) |

|Workweek |the number of hours an employee is regularly scheduled to work each week, |

| |including holidays |

|Reduced Work Schedule |a work schedule involving less hours than an employee is regularly scheduled to |

| |work |

|Intermittent Work Schedule |a work schedule in which an employee works on an irregular basis and is taking |

| |leave in separate blocks of time, rather than for one continuous period of time,|

| |usually to accommodate some form of regularly scheduled medical treatment |

|12-Month Period |the 12-month period measured forward from the date any employee’s family and |

| |medical leave begins. |

|Covered Employees and |An employee’s eligibility for family and medical leave shall be made based on the employee’s months of service and|

|Eligibility |hours of work as of the date leave is to commence. |

| | |

| |An employee is eligible if: |

| |Full-time | has 12 months cumulative service with State |

| |Permanent, probationary, |government (including temporary), and |

| |trainee, or time-limited, or |has been in pay status at least 1040 hours during |

| |Part-time (half-time or more) |the previous 12-months. |

| |Permanent, probationary, | |

| |trainee, or time-limited | |

| |Temporary, intermittent, or | has 12 months cumulative service and |

| |part-time (less than half-time) |has been in pay status at least 1250 hours during |

| |Note: This leave shall be without pay. |the previous 12 months. |

| |Advisory Note: Time spent in the National Guard or reserves count as time worked to determine eligibility for FML.|

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Family and Medical Leave, Continued

|Amount of Leave and |(1) An eligible employee is entitled to a total of 12 workweeks, paid or unpaid, leave during any 12-month period:|

|Qualifying Reasons for | |

|Leave |Advisory Note: This leave is provided for both spouses even if employed in the same agency. |

| |for the birth of a child and to care for the newborn child after birth, provided the leave is taken within a |

| |12-month period following birth, or |

| |Note: An expectant mother may also take FMLA leave before the birth of the child for prenatal care or if her |

| |condition makes her unable to work, or requires a reduced work schedule. |

| |for the placement of or to care for a child placed with the employee for adoption or foster care, provided the |

| |leave is taken within a 12-month period following placement, or |

| |Note: FMLA leave must also be granted before the actual placement or adoption of a child if an absence from work |

| |is required for the placement for adoption or foster care to proceed. |

| |for the employee to care for the employee’s child, spouse, or parent, where that child, spouse, or parent has a |

| |serious health condition, (also, see the Family Illness Leave Policy for extended leave for up to an additional 52|

| |weeks for these reasons),or |

| |because the employee has a serious health condition that prevents the employee from performing one or more |

| |essential functions of the position, or |

| |because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the |

| |employee is on active duty (or has been notified of an impending call or order to active duty) in the Uniformed |

| |Services in support of a contingency operation. |

| | |

| |Service Member Family Leave – An eligible employee who is the spouse, son, daughter, parent, or next of kin of a |

| |covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for |

| |the service member. The leave shall only be available during a single 12-month period. |

| |During the single 12-month period, an eligible employee shall be entitled to a combined total of 26 workweeks of |

| |leave under (1) and (2). |

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Family and Medical Leave, Continued

|What counts towards the |Paid or Unpaid Leave - All approved periods of paid leave and periods of leave without pay (including leave |

|12 or 26 weeks leave? |without pay while drawing short-term disability benefits) count towards the 12 (or 26, as appropriate) workweeks |

| |to which the employee is entitled. This includes leave taken under the Voluntary Shared Leave Policy. |

| | |

| |Workers’ Compensation Leave - If an employee is out on workers’ compensation leave drawing temporary total |

| |disability, the time away from work is not considered as a part of the FMLA entitlement. |

| | |

| |Compensatory Leave - The agency cannot require a FLSA subject employee to use compensatory time for unpaid FMLA |

| |leave. If an agency has a compensatory leave policy for FLSA exempt employees, they may require the exempt |

| |employee to use compensatory time for unpaid FMLA leave. |

|Leave Charges Options |The employee has the following options for charging leave: |

|If leave is for: |the employee |

|Birth (applies to both parents)|may choose to exhaust all or any portion of sick leave and/or vacation/bonus leave|

|and child care after birth |or go on leave without pay during the period of disability. Only vacation/bonus |

| |or leave without pay may be used before and after the period of disability unless |

| |the sick leave policy becomes appropriate for medical conditions affecting the |

| |mother or child. |

|Adoption |may choose to exhaust available vacation/bonus leave(or any portion), a maximum of|

| |30 days sick leave (see Sick Leave Policy), or go on LWOP. |

|Foster Care |may choose to exhaust available vacation/bonus leave (or any portion) or go on |

| |LWOP. |

|Illness of Child, Spouse, |may choose to exhaust available sick and/or vacation/bonus leave, or any portion, |

|Parent |or go on LWOP. |

|Employee’s Illness |does not have the option of taking leave without pay if sick leave is available; |

| |however, the employee may use vacation/bonus leave in lieu of sick leave. If the |

| |illness extends beyond the 60-day waiting period required for short-term |

| |disability, the employee may choose to exhaust the balance of available leave or |

| |begin drawing short-term disability benefits. |

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|Uniformed Services Family |may choose to exhaust available sick and/or vacation/bonus leave, or any portion, |

|Member |or go on LWOP to care for a injured family member, or |

| | |

| |may use vacation/bonus leave, or any portion, or go on LWOP to deal with issues |

| |arising because the family member is on active duty or has been called to active |

| |duty. |

|Intermittent Leave or |Leave may be taken intermittently or on a reduced schedule for the following: |

|Reduced Work Schedule | |

| |When medically necessary, to care for the employee’s child, spouse, or parent who has a serious health condition, |

| |or because the employee has a serious health condition. (This would also apply to next of kin to care for a |

| |service member.) |

| | |

| |Because of any qualifying exigency arising out of the fact that the spouse, son daughter, or parent is on active |

| |duty or has been notified of an impending call or order to active duty. |

| | |

| |When leave is taken after childbirth or for adoption/foster care, the employee may take leave intermittently or on|

| |a reduced schedule only if the agency agrees. |

| | |

| |There is no minimum limitation on the amount of leave taken intermittently; however, the agency may not require |

| |leave to be taken in increments of more than one hour. |

| | |

| |If leave is foreseeable, based on planned medical treatment, the agency may require the employee to transfer |

| |temporarily to an available alternative position for which the employee is qualified and that has equivalent pay |

| |and benefits and better accommodates recurring periods of leave. |

| | |

| |Only the time actually taken as leave may be counted toward the leave entitlement. |

| |Example: An employee normally works 40 hours each week. The employee is on a reduced work schedule of 20 hours |

| |per week. The FMLA leave may continue for up to 24 calendar weeks. |

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|Intermittent Leave or |Procedure: If an employee works a reduced or intermittent work schedule and does not use paid leave to make up the|

|Reduced Work Schedule |difference between the normal work schedule and the new temporary schedule to bring the number of hours worked up |

|(continued) |to the regular schedule, the agency must submit a personnel action form showing a change in the number of hours |

| |the employee is scheduled to work. This will result in an employee earning pay and leave at a reduced rate. The |

| |agency remains responsible for paying the employee’s medical premium. |

|AGENCY RESPONSIBILITIES |

| | |

|Notification of FMLA |In addition to posting the FMLA provisions, the agency must include the FMLA provisions in all written |

|Provisions |publications, such as handbooks, etc. In addition, each time an employee provides notice of the need for FMLA |

| |leave, the agency shall provide the employee with written notice detailing the specific expectations and |

| |obligations of the employee and explaining any consequences of a failure to meet these obligations. |

| | |

| |Note: Agencies may duplicate and provide the employee a copy of the FMLA Fact Sheet available from the Wage and |

| |Hour Division. |

|Notice of Eligibility |It is the agency’s responsibility to determine that an employee is eligible for FMLA leave. If an employee |

| |notifies the agency of the need for FMLA leave before the employee meets the eligibility criteria, the agency is |

| |required to: |

| |confirm the employee’s eligibility effective on the date leave is to start, or |

| |advise the employee when the requirement will be met. |

| |This decision cannot be reversed. No additional notice for FMLA leave from the employee is required. |

| | |

| |If the agency does not advise the employee whether the employee is eligible prior to the date the leave is to |

| |start, the employee will be deemed eligible. The agency may not, then, deny the leave. |

| | |

| |If the employee does not give notice of the need for leave more than two workdays before beginning leave, the |

| |employee will be deemed to be eligible unless notified of ineligibility within two workdays of the date the notice|

| |is received. |

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|Designation of Leave as |It is the responsibility of the agency to: |

|FMLA Leave |determine that leave requested is for a FMLA qualifying reason, and |

| |designate leave, whether paid or unpaid, as FMLA leave even when an employee would rather not use any of the FMLA |

| |entitlement. |

| | |

| |The key in designating FMLA leave is the qualifying reason(s), not the employee’s election or reluctance to use |

| |FMLA leave or to use all, some or none of the accrued leave. The agency’s designation must be based on information|

| |obtained from the employee or an employee’s representative (e.g., spouse, parent, physician, etc.). |

|Designation of Paid Leave|When an employee gives notice of the need for FMLA leave and the employee is using paid leave, whether required or|

|as FMLA Leave |optional, the agency shall designate whether it qualifies for FMLA leave before the leave starts. If information |

| |is not sufficient to make the determination, the agency shall require the employee to provide the information. All|

| |leave taken can be designated as FMLA leave; however, if sufficient information was available and the designation |

| |or notice was not given, the leave cannot be designated as FMLA leave retroactively. |

| | |

| |When an employee is on paid leave but has not given notice of the need for FMLA leave, the agency shall, after a |

| |period of 10 workdays, request that the employee provide sufficient information to establish whether the leave is |

| |for a FMLA-qualifying reason. This does not preclude the agency from requesting the information sooner, or at any |

| |time an extension is requested. |

| | |

| |If an absence which begins as other than FMLA leave later develops into an FMLA qualifying absence, the entire |

| |portion of the leave period that qualifies under FMLA may be counted as FMLA leave. |

| | |

| |Once the agency has knowledge that the leave is being taken for an FMLA required reason, the agency must, within |

| |two business days absent extenuating circumstances, notify the employee that the leave is designated and will be |

| |counted as FMLA leave. The notice may be oral or in writing, but must be confirmed in writing no later than the |

| |following payday. |

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|Designation of FMLA Leave|The agency may not designate leave that has already been taken as FMLA leave after the employee returns to work, |

|After Return to Work |with two exceptions: |

| |if an employee is out for a reason that qualifies for FMLA leave and the agency does not learn of the reason for |

| |the leave until the employee returns to work, the agency may designate the leave as FMLA leave within two business|

| |days of the employee’s return; or |

| |if the agency has provisionally designated the leave under FMLA leave and is awaiting receipt from the employee of|

| |documentation. |

| |Similarly, the employee is not entitled to the protection of the FMLA if the employee gives notice of the reason |

| |for the leave later than two days after returning to work. |

|EMPLOYEE RESPONSIBILITIES |

| | |

|Notice |The employee shall give notice to the supervisor of the intention to take leave under this policy unless the leave|

| |is a medical emergency. The employee must explain the reasons for the needed leave in order to allow the agency to|

| |determine that the leave qualifies under the Act. |

|If the reason for leave is foreseeable |the employee shall: |

|and is: | |

|For Birth/Adoption/Foster Care |give the agency not less than a 30-day notice, in writing. If the |

| |date of the birth or adoption requires leave to begin in less than 30 |

| |days, the employee shall provide such notice as is practicable, which |

| |means within one or two business days of when the need for leave |

| |becomes known to the employee. |

|For Planned Medical Treatment |(1) make a reasonable effort to schedule the treatment so as not to |

| |disrupt unduly the operations and |

| |(2) give not less than a 30-day notice. If the date of the treatment |

| |requires leave to begin in less than 30 days, the employee shall |

| |provide such notice as is practicable. |

|Due to Active Duty of Family Member |provide such notice as is reasonable and practicable. |

| |If the employee will not return to work after the period of leave, the agency shall be notified in writing. |

| |Failure to report at the expiration of the leave, unless an extension has been requested, may be considered as a |

| |resignation. |

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|CERTIFICATION |

|Certification |The employee shall provide certification in accordance with the provisions listed below. If the employee does not |

| |provide medical certification, any leave taken is not FMLA leave. |

|Certification |The employee shall provide, in a timely manner, a copy of the health care provider’s certification. |

|Requirements | |

| |Certification shall be sufficient if it states the following: |

| |The date on which the serious health condition commenced; |

| |The probable duration of the condition; |

| |The appropriate medical facts within the knowledge of the health care provider regarding the condition; |

| |When caring for a child, spouse or parent, a statement that the employee is needed and an estimate of the amount |

| |of time that such employee is needed; |

| |When for the employee’s illness, a statement that the employee is unable to perform the functions of the position;|

| |When for intermittent leave, or leave on a reduced work schedule, for planned medical treatment, the dates on |

| |which treatment is expected and the duration; |

| |When for intermittent leave, or leave on a reduced work schedule for the employee’s illness, a statement of the |

| |medical necessity for the arrangement and the expected duration; |

| |When for intermittent leave, or leave on a reduced work schedule, to care for a child, parent or spouse, a |

| |statement that the arrangement is necessary or will assist in their recovery and the expected duration. |

| |INCLUDE CERTIFICATION REQUIREMENT FOR EXIGENCIES WHEN DOL ISSUES IT. |

| | |

| |Note: Medical Certification Form - Form WH-380, developed by the Department of Labor as an optional form for use |

| |in obtaining medical certification, including second and third opinions, may be used. Another form containing the|

| |same basic information may be used; however, no information in addition to that requested on Form WH-380 may be |

| |required. |

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|Validity of Certification|If an employee submits a complete certification signed by the health care provider, the agency may not request |

| |additional information; however, a health care provider representing the agency may contact the employee’s health |

| |care provider, with the employee’s permission, for purposes of clarification and authenticity of the medical |

| |certification. |

| | |

| |Second Opinion - An agency that has reason to doubt the validity of a medical certification may require the |

| |employee to obtain a second opinion with the following conditions: |

| |The agency bears the expenses, including reasonable “out of pocket” travel expenses. |

| |The agency may not require the employee or family member to travel outside normal commuting distance except in |

| |very unusual circumstance. |

| |Pending receipt of the second (or third) opinion, the employee is provisionally entitled to FLMA leave. |

| |If the certifications do not ultimately establish the employee’s entitlement to FMLA leave, the leave shall not be|

| |designated as FMLA leave. |

| |The agency is permitted to designate the health care provider to furnish the second opinion, but the selected |

| |health care provider may not be employed on a regular basis by the agency unless the agency is located in an area |

| |where access to health care is extremely limited. |

| | |

| |Third Opinion - If the opinions of the employee’s and the agency’s designated health care providers differ, the |

| |agency may require the employee to obtain certification from a third health care provider, again at the agency’s |

| |expense. This third opinion shall be final and binding. The third health care provider must be designated or |

| |approved jointly by the agency and the employee. |

| | |

| |The agency is required to provide the employee, within two business days, with a copy of the second and third |

| |medical opinions, where applicable, upon request by the employee. |

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|Recertification of |An agency may request recertification no more often than every 30 days unless: |

|Medical Conditions |an extension is requested, |

| |circumstances described by the previous certification have changed significantly, or |

| |the agency receives information that casts doubt upon the employee’s stated reason for the absence. |

| | |

| |If the minimum duration specified on a certification is more than 30 days, the agency may not request |

| |recertification until that minimum duration has passed unless one of the conditions above is met. |

| | |

| |The employee must provide the requested recertification to the agency within the time frame requested by the |

| |agency (which must allow at least 15 calendar days after the agency’s request), unless it is not practicable under|

| |the particular circumstances. |

| | |

| |Any recertification requested by the agency shall be at the employee’s expense unless the agency provides |

| |otherwise. No second or third opinion on recertification may be required. |

|EMPLOYMENT AND BENEFITS PROTECTION |

|Reinstatement |The employee shall be reinstated to the same position held when the leave began or one of like pay grade, pay, |

| |benefits, and other conditions of employment. The agency may require the employee to report at reasonable |

| |intervals to the agency on the employee’s status and intention to return to work. The agency may require that the |

| |employee provide certification that the employee is able to return to work. |

| | |

| |Reinstatement is not required if an employee is reduced in force during the course of taking FMLA leave. The |

| |agency has the burden of proving that the reduction would have occurred had the employee not been on FMLA leave. |

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|Benefits |The employee shall be reinstated without loss of benefits accrued when the leave began. All benefits accrue during|

| |any period of paid leave; however, no benefits will be accrued during any period of leave without pay. |

|Health Benefits |The State shall maintain coverage for the employee under the State’s group health plan for the duration of leave |

| |at the level and under the conditions coverage would have been provided if the employee had continued employment. |

| |Any share of health plan premiums which an employee had paid prior to leave must continue to be paid by the |

| |employee during the leave period. The agency must give advance written notice to employees of the terms for |

| |payment of premiums during FMLA leave. The obligation to maintain health insurance coverage stops if an employee’s|

| |premium payment is more than 30 days late. The agency shall provide 15 days notice that coverage will cease. |

| | |

| |If the employee’s failure to make the premium payments leads to a lapse in coverage, the agency must still restore|

| |the employee, upon return to work, to the health coverage equivalent to that which the employee would have had if |

| |leave had not been taken and the premium payments had not been missed without any waiting period or preexisting |

| |conditions. |

| | |

| |Advisory Note: Even if the employee chooses not to maintain group health plan coverage for dependents or if |

| |coverage lapses during FMLA leave, the employee is entitled to be reinstated on the same terms as prior to taking |

| |leave, including family or dependent coverage, without any qualifying period, physical examination, exclusion of |

| |pre-existing condition, etc. Therefore, the agency should assure that health benefits coverage will be reinstated;|

| |otherwise, the agency would need to pay the premium and recover it after the employee returns to work. |

| | |

| |The agency may recover the premiums if the employee fails to return after the period of leave to which the |

| |employee is entitled has expired for a reason other than the continuation, recurrence, or onset of a serious |

| |health condition or other circumstances beyond the employee’s control. |

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|INTERFERENCE WITH RIGHTS |

| | |

|Actions Prohibited |It is unlawful to interfere with, restrain, or deny any right provided by this policy or to discharge or in any |

| |other manner discriminate against an employee for opposing any practice made unlawful by this policy. |

|Protected Activity |It is unlawful to discharge or in any other manner discriminate against any employee because the employee does any|

| |of the following: |

| |files any civil action, or institutes or causes to be instituted any civil proceeding under or related to this |

| |policy; |

| |gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right |

| |provided by this policy; or |

| |testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this policy. |

|ENFORCEMENT |

| | |

|Violations |Denial of leave requested pursuant to the Family and Medical Leave Act is a grievable issue and employees, except |

| |for ones in exempt positions (policymaking, exempt managerial, confidential assistants, confidential secretaries |

| |and chief deputy or chief administrative assistant), may appeal under the State Personnel Act. |

| | |

| |Violations can result in any of the following or a combination of any of the following and are enforced by the U. |

| |S. Secretary of Labor: |

| |U. S. Department of Labor investigation, |

| |Civil liability with the imposition of court cost and attorney’s fees, or |

| |Administrative action by the U. S. Department of Labor. |

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Family and Medical Leave, Continued

|POSTING AND RECORDKEEPING REQUIREMENTS |

| | |

|Posting |Agencies are required to post and keep posted, in a conspicuous place, a notice explaining the FMLA provisions and|

| |providing information concerning the procedures for filing complaints of violations of the Act with the U. S. |

| |Department of Labor, Wage and Hour Division. |

| |Note: Copies of the required notice may be obtained from local offices of the Wage and Hour Division. |

|Records |Agencies are required to keep records for no less than three years and make them available to the Department of |

| |Labor upon request. |

| | |

| |In addition to the records required by the Fair Labor Standards Act, the agency must keep records of: |

| |dates FMLA leave is taken, |

| |hours of leave if less than a full day, |

| |copies of employee notices, |

| |documents describing employee benefits, |

| |premium payments of employee benefits, and |

| |records of any disputes. |

| | |

| |Records and documents relating to medical certifications, recertifications or medical histories of employees or |

| |employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in |

| |separate files/records from the usual personnel files, and if ADA is also applicable, such records shall be |

| |maintained in conformance with ADA confidentiality requirements, except that: |

| |Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and|

| |necessary accommodations. |

| |First aid and safety personnel may be informed (when appropriate) if the employee’s physical or medical condition |

| |might require emergency treatment. |

| |Government officials investigating compliance with FMLA (or other pertinent law) shall be provided relevant |

| |information upon request. |

FOR FURTHER INFORMATION, SEE THE FAMILY AND MEDICAL LEAVE ACT OF 1993.

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